S T A T E   O F   N E W   Y O R K
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                                 9462--A
                          I N  A S S E M B L Y
                              March 8, 2016
                               ___________
Introduced  by M. of A. MAGEE, ABINANTI, TITONE, RUSSELL, CROUCH, BRABE-
  NEC, SKOUFIS -- Multi-Sponsored by -- M. of A. GALEF, LOPEZ,  LUPARDO,
  PRETLOW,  SIMON -- read once and referred to the Committee on Environ-
  mental Conservation -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee
AN  ACT  to amend the environmental conservation law, in relation to the
  regulation of live restraint  cable  devices  to  take  wildlife;  and
  providing for the repeal of such provisions upon the expiration there-
  of
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1.   Subdivision 5 of section  11-1101  of  the  environmental
conservation law is amended to read as follows:
  5. Except as provided in subdivision 1 or 2 of section 11-0523 OF THIS
ARTICLE  with  respect  to  destructive and menacing wildlife, no person
shall (a) set or use a trap of the leg-gripping type having teeth in the
jaws; (b) set a LEG HOLD trap so that wildlife when caught is suspended;
(c) use, locate or set a snare or a device consisting of a noose of  any
material  whereby  an animal may be taken, EXCEPT THE DEPARTMENT MAY, BY
REGULATION, AUTHORIZE THE USE OF LIVE RESTRAINT CABLE  DEVICES  TO  TAKE
COYOTE  AND  OTHER  SPECIES  AS  ALLOWED BY THE DEPARTMENT IN THE STATE,
EXCEPT IN THE FOLLOWING  COUNTIES:    WESTCHESTER,  ROCKLAND,  RICHMOND,
SUFFOLK AND NASSAU. THESE REGULATIONS SHALL INCLUDE LIVE CABLE RESTRAINT
DEVICES CONSISTING OF AT LEAST ONE SWIVEL, A RELAXING LOCK, A DEER STOP,
AND A BREAK AWAY DEVICE. FOR THE PURPOSES OF THIS PROVISION:
  (1)  A  SWIVEL  IS  A  DEVICE  INCORPORATED  AT  THE  END OF THE CABLE
RESTRAINT WHICH ALLOWS THE CAPTURED ANIMAL TO FREELY ROTATE;
  (2) A RELAXING LOCK IS A DEVICE THAT ALLOWS THE  CABLE  LOOP  TO  STOP
RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING;
  (3)  A  DEER  STOP IS A DEVICE INCORPORATED INTO THE LOOP OF THE CABLE
RESTRAINT THAT KEEPS THE CABLE RESTRAINT FROM CLOSING BEYOND A SPECIFIED
CIRCUMFERENCE TO ALLOW DEER THAT MAY ENCOUNTER THE RESTRAINT TO  ESCAPE;
AND
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02762-07-6
              
             
                          
                
A. 9462--A                          2
  (4)  A  BREAK  AWAY  DEVICE  ALLOWS THE LOOP OF THE CABLE RESTRAINT TO
BREAK OPEN WHEN A SPECIFIED AMOUNT OF FORCE IS APPLIED.
  TRAPPERS  USING  LIVE CABLE RESTRAINT DEVICES MUST COMPLETE A TRAINING
COURSE IN THEIR CONSTRUCTION AND USE OFFERED BY THE DEPARTMENT.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed February 16, 2019.